THE SAN GABRIEL TRUST, BY IT’S CO-TRUSTEE, C. ISLAS, ET AL.,.; Plaintiffs, vs. BM SQUARED, LLC, ET AL. Defendants.
Case No.: BC645212
Hearing Date: January 31, 2018
[TENTATIVE] RULING RE:
request for entry of default judgment.
This is an action for quiet title and declaratory relief, as well as breach of contract and fraudulent conveyance.
The court is without power to grant default judgment on the quiet title cause of action without an evidentiary hearing. Code of Civil Procedure § 764.010 provides as to quiet title actions:
The court shall examine into and determine the plaintiff's title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall render judgment in accordance with the evidence and the
Hearing Date
January 31, 2018
Type
Quiet Title (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
THE SAN GABRIEL TRUST, BY IT’S CO-TRUSTEE, C. ISLAS, ET AL.,.; Plaintiffs, vs. BM SQUARED, LLC, ET AL. Defendants.
Case No.: BC645212
Hearing Date: January 31, 2018
[TENTATIVE] RULING RE:
request for entry of default judgment.
This is an action for quiet title and declaratory relief, as well as breach of contract and fraudulent conveyance.
The court is without power to grant default judgment on the quiet title cause of action without an evidentiary hearing. Code of Civil Procedure § 764.010 provides as to quiet title actions:
The court shall examine into and determine the plaintiff's title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall render judgment in accordance with the evidence and the